Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; Closure of the 2009 Gulf of Mexico Recreational Fishery for Greater Amberjack, 54489 [E9-25449]
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Federal Register / Vol. 74, No. 203 / Thursday, October 22, 2009 / Rules and Regulations
§ 73.622
[Amended]
2. Section 73.622(i), the PostTransition Table of DTV Allotments
under Florida, is amended by adding
channel 32 and removing channel 38 at
St. Petersburg.
■
Federal Communications Commission.
Clay C. Pendarvis,
Associate Chief, Video Division, Media
Bureau.
[FR Doc. E9–25231 Filed 10–21–09; 8:45 am]
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Correction
In rule document E9–24799 beginning
on page 53413 in the issue of Monday,
October 19, 2009, make the following
correction:
On page 53413, in the third column,
under the DATES section, in the second
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[FR Doc. Z9–24799 Filed 10–21–09; 8:45 am]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 070718369–8731–02]
RIN 0648–XS50
dcolon on DSK2BSOYB1PROD with RULES
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; Reef Fish
Fishery of the Gulf of Mexico; Closure
of the 2009 Gulf of Mexico Recreational
Fishery for Greater Amberjack
AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
SUMMARY: NMFS closes the recreational
fishery for greater amberjack in the
exclusive economic zone (EEZ) of the
Gulf of Mexico (Gulf). During the
closure, the bag and possession limit for
VerDate Nov<24>2008
14:36 Oct 21, 2009
Jkt 220001
greater amberjack in or from the Gulf
EEZ is zero. In addition, a person aboard
a vessel for which a Federal charter
vessel/headboat permit for Gulf reef fish
has been issued must also abide by
these closure provisions in state waters.
NMFS has determined this action is
necessary to prevent the recreational
fishery for greater amberjack from
exceeding its quota for the fishing year.
This closure is necessary to prevent
overfishing of Gulf greater amberjack.
DATES: The closure is effective 12:01
a.m., local time, October 24, 2009,
through December 31, 2009.
FOR FURTHER INFORMATION CONTACT: Dr.
Steve Branstetter, telephone 727–551–
5796, fax 727–824–5308, e-mail
Steve.Branstetter@noaa.gov.
SUPPLEMENTARY INFORMATION: The reef
fish fishery of the Gulf of Mexico is
managed under the Fishery
Management Plan for the Reef Fish
Resources of the Gulf of Mexico (FMP).
The FMP was prepared by the Gulf of
Mexico Fishery Management Council
(Council) and is implemented under the
authority of the Magnuson-Stevens
Fishery Conservation and Management
Act (Magnuson-Stevens Act) by
regulations at 50 CFR part 622. These
regulations set the recreational quota for
Gulf greater amberjack at 1,368,000 lb
(620,514 kg), round weight, for the
current fishing year, January 1, through
December 31, 2009.
Background
Constraining harvest to the quota is
crucial to meeting the legal
requirements to prevent and end
overfishing and rebuild greater
amberjack in the Gulf of Mexico. On
August 4, 2008, new fishing regulations
were implemented by NMFS (73 FR
38139) to reduce the harvest and discard
of greater amberjack in the Gulf reef fish
fishery. Regulatory changes for
recreational greater amberjack included
implementing a quota of 1,368,000 lb
(620,514 kg), round weight and
accountability measures.
Using reported landings for 2009,
NMFS projects the 2009 recreational
greater amberjack quota will be met on
October 24, 2009. Therefore, in
accordance with 50 CFR 622.43(a),
NMFS is closing the recreational fishery
for greater amberjack in the Gulf EEZ,
effective 12:01 a.m. local time on
October 24, 2009. During the closure,
the bag and possession limit for greater
amberjack in or from the Gulf EEZ is
zero. In addition to the Gulf EEZ
closure, as specified in 50 CFR
622.4(a)(1)(iv), a person aboard a vessel
for which a Federal charter vessel/
headboat permit for Gulf reef fish has
PO 00000
Frm 00059
Fmt 4700
Sfmt 4700
54489
been issued must also abide by these
closure provisions in state waters. The
closure is intended to prevent
overfishing and increase the likelihood
that the 2009 quota will not be
exceeded. The recreational fishery for
greater amberjack will reopen on
January 1, 2010, the beginning of the
2010 recreational fishing year.
Classification
This action responds to the best
available information recently obtained
from the fishery. The AA for Fisheries,
NOAA, finds good cause to waive the
requirement to provide prior notice and
opportunity for public comment
pursuant to the authority set forth in 5
U.S.C. 553(b)(3)(B). Such procedures
would be unnecessary because the rule
implementing the quota and the
associated requirement for closure of the
fishery when the quota is reached or
projected to be reached already has been
subject to notice and comment, and all
that remains is to notify the public of
the closure.
Providing prior notice and
opportunity for public comment on this
action would be contrary to the public
interest. It would be contrary to the
public interest because any delay in the
closure of this fishery could result in the
recreational quota for greater amberjack
being exceeded, which, in turn, would
trigger the accountability measure for
greater amberjack. The accountability
measure states that if recreational
landings exceed the quota, NMFS will
file a notification with the Office of the
Federal Register, at or near the
beginning of the following fishing year,
to reduce the length of the recreational
fishing season for the following fishing
year by the amount necessary to recover
the overage from the prior fishing year.
Reducing the length of the following
fishing season would be disruptive to
business plans and would provide less
flexibility to fishermen for when they
could harvest the quota.
For the aforementioned reasons, the
AA also finds good cause to waive the
30–day delay in the effectiveness of this
action under U.S.C. 553(d)(3).
This action is taken under 50 CFR
622.43(a) and is exempt from review
under Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: October 16, 2009.
Emily H. Menashes,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. E9–25449 Filed 10–19–09; 4:15 pm]
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E:\FR\FM\22OCR1.SGM
22OCR1
Agencies
[Federal Register Volume 74, Number 203 (Thursday, October 22, 2009)]
[Rules and Regulations]
[Page 54489]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-25449]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 070718369-8731-02]
RIN 0648-XS50
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Reef Fish Fishery of the Gulf of Mexico; Closure of the 2009 Gulf of
Mexico Recreational Fishery for Greater Amberjack
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; closure.
-----------------------------------------------------------------------
SUMMARY: NMFS closes the recreational fishery for greater amberjack in
the exclusive economic zone (EEZ) of the Gulf of Mexico (Gulf). During
the closure, the bag and possession limit for greater amberjack in or
from the Gulf EEZ is zero. In addition, a person aboard a vessel for
which a Federal charter vessel/headboat permit for Gulf reef fish has
been issued must also abide by these closure provisions in state
waters. NMFS has determined this action is necessary to prevent the
recreational fishery for greater amberjack from exceeding its quota for
the fishing year. This closure is necessary to prevent overfishing of
Gulf greater amberjack.
DATES: The closure is effective 12:01 a.m., local time, October 24,
2009, through December 31, 2009.
FOR FURTHER INFORMATION CONTACT: Dr. Steve Branstetter, telephone 727-
551-5796, fax 727-824-5308, e-mail Steve.Branstetter@noaa.gov.
SUPPLEMENTARY INFORMATION: The reef fish fishery of the Gulf of Mexico
is managed under the Fishery Management Plan for the Reef Fish
Resources of the Gulf of Mexico (FMP). The FMP was prepared by the Gulf
of Mexico Fishery Management Council (Council) and is implemented under
the authority of the Magnuson-Stevens Fishery Conservation and
Management Act (Magnuson-Stevens Act) by regulations at 50 CFR part
622. These regulations set the recreational quota for Gulf greater
amberjack at 1,368,000 lb (620,514 kg), round weight, for the current
fishing year, January 1, through December 31, 2009.
Background
Constraining harvest to the quota is crucial to meeting the legal
requirements to prevent and end overfishing and rebuild greater
amberjack in the Gulf of Mexico. On August 4, 2008, new fishing
regulations were implemented by NMFS (73 FR 38139) to reduce the
harvest and discard of greater amberjack in the Gulf reef fish fishery.
Regulatory changes for recreational greater amberjack included
implementing a quota of 1,368,000 lb (620,514 kg), round weight and
accountability measures.
Using reported landings for 2009, NMFS projects the 2009
recreational greater amberjack quota will be met on October 24, 2009.
Therefore, in accordance with 50 CFR 622.43(a), NMFS is closing the
recreational fishery for greater amberjack in the Gulf EEZ, effective
12:01 a.m. local time on October 24, 2009. During the closure, the bag
and possession limit for greater amberjack in or from the Gulf EEZ is
zero. In addition to the Gulf EEZ closure, as specified in 50 CFR
622.4(a)(1)(iv), a person aboard a vessel for which a Federal charter
vessel/headboat permit for Gulf reef fish has been issued must also
abide by these closure provisions in state waters. The closure is
intended to prevent overfishing and increase the likelihood that the
2009 quota will not be exceeded. The recreational fishery for greater
amberjack will reopen on January 1, 2010, the beginning of the 2010
recreational fishing year.
Classification
This action responds to the best available information recently
obtained from the fishery. The AA for Fisheries, NOAA, finds good cause
to waive the requirement to provide prior notice and opportunity for
public comment pursuant to the authority set forth in 5 U.S.C.
553(b)(3)(B). Such procedures would be unnecessary because the rule
implementing the quota and the associated requirement for closure of
the fishery when the quota is reached or projected to be reached
already has been subject to notice and comment, and all that remains is
to notify the public of the closure.
Providing prior notice and opportunity for public comment on this
action would be contrary to the public interest. It would be contrary
to the public interest because any delay in the closure of this fishery
could result in the recreational quota for greater amberjack being
exceeded, which, in turn, would trigger the accountability measure for
greater amberjack. The accountability measure states that if
recreational landings exceed the quota, NMFS will file a notification
with the Office of the Federal Register, at or near the beginning of
the following fishing year, to reduce the length of the recreational
fishing season for the following fishing year by the amount necessary
to recover the overage from the prior fishing year. Reducing the length
of the following fishing season would be disruptive to business plans
and would provide less flexibility to fishermen for when they could
harvest the quota.
For the aforementioned reasons, the AA also finds good cause to
waive the 30-day delay in the effectiveness of this action under U.S.C.
553(d)(3).
This action is taken under 50 CFR 622.43(a) and is exempt from
review under Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: October 16, 2009.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. E9-25449 Filed 10-19-09; 4:15 pm]
BILLING CODE 3510-22-S